§ 405. National priority safety programs

Subsec. (g)(2)(B). Pub. L. 114–94, § 4005(f)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to state compliance with the 2-stage licensing process.

Subsec. (g)(6). Pub. L. 114–94, § 4005(f)(2), added par. (6).

Subsec. (h). Pub. L. 114–94, § 4005(g), added subsec. (h).

2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to occupant protection incentive grants.

2011—Subsec. (a)(3). Pub. L. 112–30, § 121(c)(1)(A), substituted “9” for “8”.

Subsec. (a)(4)(C). Pub. L. 112–30, § 121(c)(1)(B), substituted “fifth through ninth” for “fifth through eighth”.

2010—Subsec. (a)(3). Pub. L. 111–147, § 421(c)(1)(A), substituted “8” for “6”.

Subsec. (a)(4)(C). Pub. L. 111–147, § 421(c)(1)(B), substituted “fifth through eighth” for “fifth and sixth”.

2005—Subsec. (a)(2). Pub. L. 109–59, § 2004(a)(1), substituted “SAFETEA–LU” for “Transportation Equity Act for the 21st Century”.

Subsec. (a)(3). Pub. L. 109–59, § 2004(a)(2), substituted “2003” for “1997”.

Subsec. (a)(4). Pub. L. 109–59, § 2004(a)(3), inserted “beginning after September 30, 2003,” after “years” in subpars. (A) to (C).

Subsec. (c). Pub. L. 109–59, § 2004(c), substituted “100 percent” for “25 percent” and “2003” for “1997”.

Subsec. (d). Pub. L. 109–59, § 2002(e), struck out heading and text of subsec. (d). Text read as follows: “Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section.”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–58, div. B, title IV, § 24105(c), Nov. 15, 2021, 135 Stat. 806, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

Effective Date of 2015 Amendment

Except as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Amendment by section 4005 of Pub. L. 114–94 effective Oct. 1, 2016, see section 4015 of Pub. L. 114–94, set out as a note under under section 164 of this title.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 2022 of Pub. L. 109–59, set out as a note under section 402 of this title.

Crash Data

Pub. L. 117–58, div. B, title IV, § 24108, Nov. 15, 2021, 135 Stat. 807, provided that: “(a) In General.—Not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall revise the crash data collection system to include the collection of crash report data elements that distinguish individual personal conveyance vehicles, such as electric scooters and bicycles, from other vehicles involved in a crash. “(b) Coordination.—In carrying out subsection (a), the Secretary may coordinate with States to update the Model Minimum Uniform Crash Criteria to provide guidance to States regarding the collection of information and data elements for the crash data collection system. “(c) Vulnerable Road Users.—“(1) Update.—Based on the information contained in the vulnerable road user safety assessments required by subsection (f) of section 32302 of title 49, United States Code (as added by section 24213(b)(2)), the Secretary shall modify existing crash data collection systems to include the collection of additional crash report data elements relating to vulnerable road user safety. “(2) Injury health data.—The Secretary shall coordinate with the Director of the Centers for Disease Control and Prevention to develop and implement a plan for States to combine highway crash data and injury health data to produce a national database of pedestrian injuries and fatalities, disaggregated by demographic characteristics. “(d) State Electronic Data Collection.—“(1) Definitions.—In this subsection:“(A) Electronic data transfer.—The term ‘electronic data transfer’ means a protocol for automated electronic transfer of State crash data to the National Highway Traffic Safety Administration. “(B) State.—The term ‘State’ means—“(i) each of the 50 States; “(ii) the District of Columbia; “(iii) the Commonwealth of Puerto Rico; “(iv) the United States Virgin Islands; “(v) Guam; “(vi) American Samoa; “(vii) the Commonwealth of the Northern Mariana Islands; and “(viii) the Secretary of the Interior, acting on behalf of an Indian Tribe. “(2) Establishment of program.—The Secretary shall establish a program under which the Secretary shall—“(A) provide grants for the modernization of State data collection systems to enable full electronic data transfer under paragraph (3); and “(B) upgrade the National Highway Traffic Safety Administration system to manage and support State electronic data transfers relating to crashes under paragraph (4). “(3) State grants.—“(A) In general.—The Secretary shall provide grants to States to upgrade and standardize State crash data systems to enable electronic data collection, intrastate data sharing, and electronic data transfers to the National Highway Traffic Safety Administration to increase the accuracy, timeliness, and accessibility of the data, including data relating to fatalities involving vulnerable road users. “(B) Eligibility.—A State shall be eligible to receive a grant under this paragraph if the State submits to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, that includes a plan to implement full electronic data transfer to the National Highway Traffic Safety Administration by not later than 5 years after the date on which the grant is provided. “(C) Use of funds.—A grant provided under this paragraph may be used for the costs of—“(i) equipment to upgrade a statewide crash data repository; “(ii) adoption of electronic crash reporting by law enforcement agencies; and “(iii) increasing alignment of State crash data with the latest Model Minimum Uniform Crash Criteria. “(D) Federal share.—The Federal share of the cost of a project funded with a grant under this paragraph may be up to 80 percent. “(4) National highway traffic safety administration system upgrade.—The Secretary shall manage and support State electronic data transfers relating to vehicle crashes by—“(A) increasing the capacity of the National Highway Traffic Safety Administration system; and “(B) making State crash data accessible to the public. “(e) Crash Investigation Sampling System.—The Secretary may use funds made available to carry out this section to enhance the collection of crash data by upgrading the Crash Investigation Sampling System to include—“(1) additional program sites; “(2) an expanded scope that includes all crash types; and “(3) on-scene investigation protocols. “(f) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.”

National Priority Safety Program Grant Eligibility

Pub. L. 114–94, div. A, title IV, § 4010, Dec. 4, 2015, 129 Stat. 1511, as amended by Pub. L. 117–58, div. B, title IV, § 24105(b), Nov. 15, 2021, 135 Stat. 806, provided that: “Not later than 60 days after the date on which the Secretary [of Transportation] awards grants under section 405 of title 23, United States Code, the Secretary shall make available on a publicly available Internet Web site of the Department of Transportation— “(1) an identification of—“(A) the States that were awarded grants under such section; “(B) the States that applied and were not awarded grants under such section; and “(C) the States that did not apply for a grant under such section; and “(2) a list of all deficiencies that made a State ineligible for a grant under such section for each State under paragraph (1)(B).”

Child Safety and Child Booster Seat Incentive Grants

Pub. L. 109–59, title II, § 2011, Aug. 10, 2005, 119 Stat. 1538, as amended by Pub. L. 111–147, title IV, § 421(j)(1), Mar. 18, 2010, 124 Stat. 85; Pub. L. 112–30, title I, § 121(j)(1), Sept. 16, 2011, 125 Stat. 348, related to child safety and child booster seat incentive grants, prior to repeal by Pub. L. 112–141, div. C, title I, § 31109(h), July 6, 2012, 126 Stat. 757.

Child Passenger Protection Education Grants

Pub. L. 105–178, title II, § 2003(b), June 9, 1998, 112 Stat. 327, authorized the Secretary to make grants to States to implement child passenger protection programs, required reports from States and the Secretary regarding those programs, and authorized appropriations for fiscal years 2000 and 2001.